How Can I Prove Fault in a Motorcycle Accident?
Riding a motorcycle does not come without serious risks. In 2021, 5,932 motorcyclists nationally and 161 riders in South Carolina lost their lives. With such alarming numbers, there is no denying the peril that motorcyclists face each time they mount their bikes.
For those motorcyclists who survive a crash, many suffer debilitating injuries. At Swilley Law Firm, LLC, we understand that you do not want to be a burden on your loved ones. Recovering from your injuries can be a lengthy journey, requiring months of physical therapy and surgeries. Medical bills can add up quickly, forcing you to cut back on other necessities to just get by.
If you were recently in a motorcycle accident in the Palmetto State, our Florence personal injury attorney is ready to fight for maximum compensation on your behalf.
Proving Liability in a Motorcycle Crash
If you have fallen victim to a motorcycle crash, you will need to provide evidence showing the at-fault party’s liability. In motorcycle accidents, liability is typically based on demonstrating another person’s carelessness, known as negligence. This can be broken down into the following:
- Duty: All road users have a duty to use reasonable care and follow traffic regulations;
- Breach: Through either an act or omission, the other party (defendant) violated his or her duty of care;
- Causation: The defendant’s actions directly caused your injuries;
- Damages: As a result of the defendant’s actions, you have suffered measurable losses (lost wages, medical expenses, mental anguish, etc.).
Evidence to Establish Fault
To prove another person’s liability, you must collect relevant evidence linking their actions to causing your accident. Common evidence gathered in a motorcycle accident typically includes:
Police Report
In South Carolina, you are required to contact the police if anyone is injured or killed or if there is at least $1,000 in property damage. A police report will include:
- The names of all parties involved
- The date/time/location of the incident
- Vehicle information (including vehicle identification numbers and license plate numbers)
- Description of any vehicle damage
- Description of injuries
- Diagram of the accident scene and description of the accident
- Who the officer believes caused the crash
This information provides a third-party account of your crash, including key information, which can be extremely useful when proving liability.
Photographs
Any pictures of the accident scene, including accident debris, vehicle wreckage, skid marks, and identifying landmarks, can confirm witness testimony. Photos can also be used to disprove the other driver’s statement. For instance, if the other driver claims that a streetlight was out, a picture showing a working streetlight will disprove his or her statement.
Videos
Whether video footage is retrieved from a surveillance camera, dash cam, bodycam, or a bystander who caught the accident unfold on their cell phone, the depiction of your accident unfolding in real time has immense value. A video can capture if the at-fault party was speeding, drifting between lanes, or if there were any intervening factors that contributed to your crash.
Eyewitness Testimony
A bystander can provide an impartial perspective on your accident, which can further support your claim. A reliable eyewitness is someone who hears or sees the crash take place, unencumbered by distractions or physical impairments. A witness who can corroborate your story will only bolster your credibility.
Reach Out to Our Florence Personal Injury Lawyer Today
If you have been injured in a motorcycle accident, we understand the stress that you are under. Following a crash, you deserve fair compensation to help cover your expenses, allowing you to heal from the ordeal. If you are ready to take control, our Florence personal injury lawyer would like to hear from you. To arrange your free consultation, contact us online or by phone.